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KNICKERBOCKER FUEL CO. v. MELLON

No. 54.

22 F.2d 500 (1927)

KNICKERBOCKER FUEL CO. v. MELLON, Director General of Railroads, etc.

Circuit Court of Appeals, Second Circuit.

November 14, 1927.

Attorney(s) appearing for the Case

Poore & Webster, of New York City (John G. Poore, of New York City, of counsel), for plaintiff in error.

Cravath, Henderson & De Gersdorff, of New York City (Clifton E. Cooper and Bruce Bromley, both of New York City, of counsel), for defendant in error.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The question seems to us answered by Dupont De Nemours v. Davis, 264 U.S. 456, 44 S.Ct. 364, 68 L. Ed. 788, and Davis v. Cohen & Co., 268 U.S. 638, 45 S.Ct. 633, 69 L. Ed. 1129. The first case held that a claim by the Director General for demurrage was a claim in the right of the United States, and was barred by no statute of limitations. It cannot be true at once that a claim for demurrage...

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